Medallion Homes Pty Ltd v Lares Homes Pty Ltd [2016] FCA 12

The applicant did not establish a strong prima facie case of copyright infringement or misleading conduct, and the balance of convenience weighed in favour of the respondents, so the interlocutory injunction was refused.

Jurisdiction: Australia
Judgment Date: 22 January 2016
Procedural Posture: Application for Interlocutory Injunction / Interlocutory
Outcome: Application for interlocutory injunction dismissed
Legal Topics: ['copyright Infringement' 'misleading or Deceptive Conduct' 'interlocutory Injunctions']

['intellectual Property' 'practice and Procedure'] ['copyright Infringement' 'misleading or Deceptive Conduct' 'interlocutory Injunctions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

1 ['Whether the applicant made out a prima facie case of copyright infringement against the respondents' 'Whether representations in promotional material were misleading or deceptive under the Australian Consumer Law' 'Whether the balance of convenience favours the grant of an interlocutory injunction']

Ratio Decidendi

Court Disposition

Application for interlocutory injunction dismissed

Orders

["The applicant's interlocutory application dated 23 December 2015 be dismissed." 'The order made on 23 December 2015 be discharged.' 'Respondents to keep proper records of all sales of residential homes between now and the trial of the proceeding.']